NAIROBI, Kenya — A corruption case against a Judiciary staff member has collapsed after the Ethics and Anti-Corruption Commission (EACC) failed to produce Sh50,000 that had been marked as a key exhibit, prompting the Office of the Director of Public Prosecutions (ODPP) to withdraw the matter.
Moses Gitonga Muchege, a court clerk at the Marimanti Law Court, had been facing four counts of bribery under the Bribery Act. Prosecutors alleged that he solicited and received money to influence judicial processes.
The trial began on June 20, 2022, with the State presenting five witnesses. The first witness marked several exhibits — including Sh50,000 in Sh1,000 notes — which were to form the centrepiece of the prosecution’s case.
However, on July 24, 2023, when the fifth witness was scheduled to identify the money, the investigating agency reported that the cash could not be traced. The missing exhibit effectively stalled the proceedings.
In a letter dated August 8, 2025, EACC formally wrote to the ODPP requesting that the case be withdrawn because the loss of the exhibit compromised the integrity of the evidence.
The ODPP subsequently applied to terminate the case before Magistrate Joyce Gandani, who agreed to the withdrawal under Section 87(a) of the Criminal Procedure Code.
According to the ODPP, Magistrate Gandani ruled that allowing the withdrawal was “in the interest of justice,” noting that the prosecution would retain the right to refile charges if the missing money is ever recovered.
The development raises fresh questions about evidence management within investigative agencies, especially in graft-related cases where physical exhibits are often central to securing convictions.
